WVC 8 - 2 - 7
§8-2-7. County commission order declaring boundaries of city;
certificate of incorporation of town or village;
dismissal of proceeding.

(a) Class I, II, or III city. -- If the proceeding be for the
incorporation of a city, and it appears to the county commission,
upon the returns being canvassed, that a majority of the legal
votes cast on the question of incorporation were in favor of the
incorporation and the commission is satisfied that all of the
applicable provisions of this article have been complied with, the
commission shall by order duly made and entered of record declare
that the territory in question (reciting the boundaries) shall
thereby become a body corporate, and shall thenceforth be known as
the city of ......................, but that until a charter is
framed and adopted as provided in article three of this chapter,
the city shall have and exercise no powers of a municipality except
the power to frame and adopt a charter as therein provided.

(b) Class IV town or village. -- If the proceeding be for the
incorporation of a town or village, and it appears to the county
commission, upon the returns being canvassed, that a majority of
the legal votes cast on the question of incorporation were in favor
of the incorporation and the commission is satisfied that all of
the applicable provisions of this article have been complied with,
the commission shall by order duly made and entered of record,
direct the clerk of the commission to issue a certificate of
incorporation in form or in substance as follows:

"It appearing to the commission that under the provisions of article two, chapter eight of the Code of West Virginia, 1931, as
amended, at an election duly held on the ............ day of
.............., 20......., a majority of the legal votes cast on
the question of incorporation by the qualified voters of the
following territory, to wit: Beginning, etc. (here recite the
boundaries), were cast in favor of the incorporation of the town or
village of ............................, in the County of
.................., bounded as herein set forth; adopting the
..................... form of government, and it appearing to the
satisfaction of the commission that all of the provisions of
article two, chapter eight of the Code of West Virginia, as
amended, have been complied with by the petitioners for
incorporation, the town or village is declared to be a body
corporate, duly authorized to exercise all of the corporate powers
conferred upon towns or villages by chapter eight of the Code of
West Virginia, 1931, as amended, from and after the date of this
certificate. (Signed) ............................, Clerk County
Commission."

(c) Thereupon, the first election of officers shall be held as
provided in sections two, three and four, article five of this
chapter.

(d) If, on the returns being canvassed on the question of
incorporation, a majority of the legal votes cast be against
incorporation, the proceeding shall be dismissed, and no subsequent
proceeding for incorporation of the same or any portion of the
territory shall be considered or election had within a period of
three years.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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